Pursuant to the City of San José Urgency Ordinance No. 30390, effective immediately and in effect through December 31, 2020, “essential” businesses located in San José or have employees performing work within the City's geographic boundaries are required to provide Paid Sick Leave. The Ordinance, meant to fill the gaps left by the federal Families First Coronavirus Response Act (FFRCA), entitles Full-time employees with eighty (80) hours of leave or leave based on the average hours of work in two (2) weeks of normal employment, which can be used based on federal, state, or local orders, advised by a health care provider to self-quarantine, experiencing symptoms of COVID-19, or caring for a minor child or adult during school/care closures due to COVID-19.
Business - All “Essential” business (Includes businesses of 500 or more and small businesses of 50 or fewer)
Paid Sick Leave Hours – Eligible full-time employees are entitled to Eighty (80) hours and eligible part-time employees are entitled to the number of hours worked on average over a two (2) week period.
Usage - Employees using sick time to care for themselves shall be paid their regular rate of pay up to $511.00 per day, not to exceed an aggregate of $5,110.00. Employees using sick time to care for another person shall be paid at two-thirds (2/3) of their regular rate of pay up to $200.00 per day, not to exceed an aggregate of $2,000.00.
DIRECTOR OPINION LETTERS
The Director of the Office of Equality Assurance will issue opinion letters in response to common questions regarding COVID-19 Sick Leave Ordinance compliance. Letters will be published as soon as the become available.
ADDITIONAL RESOURCESCOVID-19 Sick Leave Ordinance FAQ: